General Terms and Conditions of Sale

Foreword

In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, the users of the Arte Gioia website are informed of the identity of the various stakeholders involved in its creation and monitoring:

The individual or legal entity purchasing products or services from the company, hereinafter referred to as "the Buyer," or "the Client," has been informed and agrees to the following.

The Seller is the publisher of Arte Gioia Products and Services intended for consumers, marketed through its websites. The list and description of the goods and services offered by the Company can be found on the aforementioned websites.

1. Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of products or services offered by the Seller.

2. General Provisions

These General Terms and Conditions of Sale (GTCS) govern the sales of Products or Services carried out through the Company's websites and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them prior to placing an order.

The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTCS are those in effect on the date of payment (or the first payment in the case of multiple payments) for the order.

The Company also ensures that their acceptance is clear and unconditional by providing a checkbox and a validation click. The Client declares that they have read all of these General Terms and Conditions of Sale, and if applicable, the Specific Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.

The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.

The Client declares that they are legally able to contract under French laws or validly represent the individual or legal entity for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes evidence of all transactions.

3. Prices

The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also presented in euros inclusive of all taxes (VAT + any other applicable taxes) on the product order page, excluding specific shipping costs.

For all products shipped outside the European Union and/or overseas territories, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties may be applicable in certain cases. These duties and fees are not the responsibility of the Seller. They will be borne by the buyer and fall under their responsibility (declarations, payments to the relevant authorities, etc.). In this regard, the Seller encourages the buyer to inquire about these aspects with the relevant local authorities.

The Company reserves the right to change its prices at any time for future transactions. The telecommunications costs necessary for accessing the Company's websites are the responsibility of the Client. Also, if applicable, the delivery charges.

4. Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to fulfil their order:

• Information on the essential characteristics of the Product
• Choice of Product
• Provision of the Client's essential contact details (identification, email, address, etc.)
• Acceptance of these General Terms and Conditions of Sale
• Verification of the order details (double-click formalities) and, if necessary, correction of errors. Before confirming their order, the Buyer has the opportunity to check the details of their order, its price, and to correct any errors or cancel their order. The confirmation of the order will lead to the formation of the present contract.
• Verification of payment instructions, payment for the products, and then delivery of the order. The Client will receive confirmation via email of the payment for the order, along with an acknowledgment of receipt confirming the order.

The client will have the opportunity during the ordering process to identify any errors made in data entry and correct them. The language proposed for the conclusion of the contract is French.

The terms of the offer and the general terms of sale are sent by email to the buyer at the time of order and are archived on the Seller's website. If applicable, the professional and commercial rules to which the offer author intends to be bound are accessible in the "appendix rules" section of these GTCS, available on the Seller's website at the following address:

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Client. For the proper execution of the order, the Client undertakes to provide true identification details.

The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

5. Products and services

The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the Company's websites, as well as, if applicable, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display, or any other appropriate method, of the prices and specific conditions of the sale and execution of services before any conclusion of the sales contract. In any case, the total amount due from the Buyer is indicated on the order confirmation page. The sale price of the product is that in effect at the date of the order, not including shipping costs charged additionally. These potential fees are communicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to change its prices at any time while guaranteeing the application of the price indicated at the time of the order.

When products or services are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The client confirms they have received details of shipping costs as well as the payment, delivery, and execution modalities of the contract, as well as detailed information relating to the identity of the seller, their postal, telephone, and electronic contact details, and their activities in the context of this sale. The Seller undertakes to honour the Client's order strictly within the limits of available stock of Products only. Otherwise, the Seller informs the Client; if the order has been placed and there is no agreement with the Client on a new delivery date, the Seller will refund the client.

Contractual information is presented in detail and in French. The parties agree that illustrations or photographs of the products offered for sale have no contractual value. The duration of the offer of Products as well as their prices is specified on the Company's websites, along with the minimum duration of contracts offered when these involve a continuous or periodic supply of products or services. Unless specific conditions apply, the rights granted under these provisions are solely to the individual signing the order (or the person holder of the email address provided).

6. Compliance

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS comply with the existing regulations related to the safety and health of persons, to the fairness of commercial transactions, and to the protection of consumers. Regardless of any commercial guarantee, the Seller remains liable for conformity defects and hidden defects of the product.

In accordance with Article L.217-4, the seller delivers a good that conforms to the contract and is liable for conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when this has been charged to them by the contract or was carried out under their responsibility.

7. Retention of title clause

The products remain the property of the Company until full payment of the price.

8. Delivery methods

The products are delivered to the delivery address specified at the time of the order and within the indicated time frames. These times do not take into account the time needed to prepare the order.

When the Client orders multiple products at once, these may have different delivery times.

In case of delivery delay, the Client has the option to terminate the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the "outward" shipping costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact telephone point (cost of a local call from a landline) indicated in the order confirmation email to ensure order follow-up.

The Seller reminds that at the moment the Client physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Client’s duty to notify the carrier of any reservations on the delivered product.

9. Availability and presentation

In the event of unavailability of an item for more than 30 working days, you will be immediately informed of the foreseeable delivery times and the order for this item can be cancelled upon simple request. The Client may then request a credit note for the amount of the item or its full refund and the cancellation of the order.

10. Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Client can make payment by credit card or bank cheque. Cards issued by banks based outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service providers. The transmitted information is encrypted according to the rules of the art and cannot be read during transmission over the network.

Our payment service providers:

Payment is made through the Paypal site.

11. Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of their order.

The right of withdrawal can be exercised by contacting the Company as follows: . We inform Clients that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for

In the event of exercising the right of withdrawal within the aforementioned timeframe, the price of the products purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Client.

Refund procedure:

12. Guarantees

In accordance with the law, the Seller undertakes the following guarantees: compliance and relating to hidden defects of the products. The Seller refunds the buyer or exchanges products deemed defective or not corresponding to the order placed. The refund request must be made as follows:

The Seller reminds the consumer:

• Has a time limit of 2 years from the delivery of the good to act against the Seller.
• Can choose between replacement and repair of the good, subject to the conditions set out by the aforementioned provisions (apparently defective or non-conforming).
• Is exempt from providing proof of the existence of the defect of conformity of the good during the six months following delivery.
• That, except for second-hand goods, this period shall be extended to 24 months from 18 March 2016.
• That the consumer can also invoke the warranty against hidden defects of the sold item as per Article 1641 of the Civil Code and, in this case, can choose between termination of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).

13. Claims and mediation

If applicable, the Buyer may file any claim by contacting the company using the following contact details:

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request with the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt to reconcile the parties in order to obtain an amicable solution, independently.

14. Termination of the contract

The order may be terminated by the buyer by registered letter with a request for acknowledgment of receipt in the following cases:

• Delivery of a product not conforming to the characteristics of the order
• Delivery exceeding the deadline fixed at the time of ordering or, in the absence of a date, within thirty days following payment
• Unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date the deposit was collected.

15. Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification, or use of these assets for any reason is strictly prohibited.

16. Force majeure

The execution of the Seller's obligations under these is suspended in the event of the occurrence of a fortuitous event or force majeure that prevents compliance. The seller will notify the client of the occurrence of such an event as soon as possible.

17. Nullity and modification of the contract

If any of the provisions of this contract were to be annulled, such nullity would not result in the nullity of the other provisions which shall remain in force between the parties. Any contractual modification shall only be valid after a written and signed agreement from the parties.

18. Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing whose purpose is the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements:

The identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these GTCS.

The contact details of the data protection officer:

The recipients or categories of recipients of personal data, if any, are as follows:

• The data controller
• The marketing services
• The IT security services
• The services in charge of sales, delivery, and orders
• The subcontractors involved in delivery and sales operations
• Any legally authorized authority to access the relevant personal data

The retention period of the data: 2 years

The person concerned has the right to request access to their personal data from the data controller, the rectification or deletion thereof.

The person concerned has the right to file a complaint with a supervisory authority.

The information requested at the time of ordering is necessary for the issuance of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

19. Applicable law and clauses

All clauses contained in these general terms of sale, as well as all purchase and sale operations referred to therein, shall be governed by French law.

The nullity of a contractual clause does not lead to the nullity of these general terms of sale.

20. Consumer information

For the information of consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is liable for the warranty concerning hidden defects of the thing sold, rendering it unfit for the use for which it was intended or which diminish that use so much that the buyer would not have acquired it, or would have given a lower price if they had known of these defects.

Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be initiated, under penalty of foreclosure, within the year following the date on which the seller can be discharged from apparent defects or breaches of conformity.

Article L. 217-4 of the Consumer Code: The seller delivers a good that conforms to the contract and is liable for conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when this has been charged to them by the contract or has been performed under their responsibility.

Article L. 217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is fit for the usual expected use of a similar good and, if applicable: - if it matches the description given by the seller and possesses the qualities that it presented to the buyer in the form of a sample or model; - if it displays the qualities that a buyer can legitimately expect considering the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling; 2° Or if it displays the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, made known to the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: The action resulting from a conformity defect is subject to a two-year limitation period from the delivery of the good.

Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial guarantee granted to them upon the acquisition or repair of a movable good, to restore the good covered by the guarantee, any immobilisation period